The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-02-27

at the next term of the court having iuris
dictlon, of the case, and to'commit to jail IL
case of failure to give such recognizance
They shall quel and suppress assaults ant
batteries, riots, routs, ARRAYS, and insurrec
tons.
At common law sheriff could arrest
any one who committed breach of the
peace "super UiStIm" that is, in his sight
but hls power extended no further than
securing the safe custody of such
offender until he could be brought be-
fore judicial tribunal to have his case
investigated
The marshal of said Territory of Utah
makes the arrest of any man in Utah
who is guilty of a breach of the peace in
his presence, and instead Of securing
the prisoner until a judicial tribunal
can investigate and dispose of the case
he thrustS him into Jail, there to remain
until the next term of the court having
| jurisdiction of the case, or until he
gives recOgnizance to keep the peace.
Dante says, in his celebrated work,
there is an inscription over the front
door of hell-aLd this House is inter-
ested in that laughter -"All hope
| abandon We who enter here" The
marshal and his deputies lay their
heak and claw upon the citizen who has
! breach OF the peace within their sight,
and instead OF carrying him before a
| judge or an officer with judicial func-
tions they put him in the depths OF the
| jail devoted to thieves, offenders, and
malefactors OF all sorts. l suspect,
though. 1 speak subject to correction in,
this, that the officers appointed by the
general government to administer the,
law in Utah are convened to convict
and ordered to proceed. Laughter
The section further provides =
They shall quell and suppress assaults and
batteries, riots. rOuts, ARRAYS, and insurrec-
tions.
These same gentlemen, clothed with
the majesty of the United States
statutes, "uncrowned kings of the Ter
tory"
Marauding Chiefs whose sole delight
The midnight raid, the morning fight
l have seen them, and my people
have bled at heart from the outrages
which were committed by them IN our
midst. They were for the most part
ruthless, unsympathetic,t the adversarles
OF the people among whom they piled
their trade. Every man from the south
who was there during the days "born of
the eclipse of principle and rugged with
curses dark" will remember the omi-
nous tread of the marshal and his
deputy. The State represented by the
member from Georgia Mr.. Hammond
who leads this measure, for whom [
have the greatest PERSONAL regard, Dor
dering on affection, has bled at the
hands of these people.
There is no statute in the Territory of
Utah which gives to any peace officer of
said Territory power over the citizen as
great or substantially like that given to
the marshal of said Territory and his
deputies by the terms of the eighth sec
ton of this bill. The section ofthe
compiled laws" of Utah, referred to by
the member from Georgia Mr.. Ham
mondi as section 1912 thereof, was
enacted February 49, 1852, and is part of
an act entitled IAN act for the regula-
ton of attorneys" The said act con-
tains several sections. The first one
proVlVes that any person may act as his
own counsel. The second section pro-
vides that counsel shall not use i'm
proper language in courts, and may BE-
fined or imprisoned. This, section was
repealed February 20, 1874, and the last
section is as follows:
1t shall be the duty of the executive
officers of all courts in this Territory to
arrest without process and put in safe
keeping all persons, Whethsr counsel or
other officers of courts or persons within the
hearing of such courts, who shall in any
way behave indecently or riotously, or use
indecent, riotous, or exciting language,
subject to the release or action of the court
in which such arrest is made. and such eX-
ecutive officers may call for such assistance
as may be nee ssary in making such arrests
and for the safe-keeping of such person or
persons so offending.
The committee say in their report:
Section IL of the House bill has been left
OUT as unnecessary; the law now controlling
writs of error from the Supreme Court in the
case OF bigamy or poiygamy, or Of any
offense under the act March %, 1882, is not
affected by this act.
Now, let us see what that section pro-
vides and let US speak by the record.
Section II of the House bill provides:
A writ of error from the Supreme Court of
the United States to the supreme court of
the sac Territory shall lie in all criminal
cases where the accused shall have been
sentencedto capital punishment. or con-
victed OF bigamy, poSygamy, or unlawful
cohabitation, or ofany offense under the &C t
entitled, IAN act to amend, section $3.50 of
the Revised Statutes of the United States"
That is section II of the bill as re-
ported by the Judiciary Committee of
this House; and the conference COM
mittee say that writ of error is COM
plettly provided for by tie existing |
law.
speak upon ray responsibility as a
lswyer-and it is great responsibility.
In the case o5 Cannon against the |
United States, 116 Wallace, page So, it !
was decided that sexual intercourse was
not essential to make criminal cohab |
itation.
A writ of error in Shows case, 118 of
United States Reports. was dismissed |
for want of Jurisdiction by the Supreme |
Court of the United States on the
ground that writ of error was not pro-
vided for in case of unlawful cohablta-
ton. Yet the committee say that that
section was left out because the writ of 4
error was provided tor in all cases under
the act of 1882, kDown as the Edmunds
act. These are the graver and more I
provisions of the report as
it comes from the committee OF con-
ference. There is one other. Section 5
provides:
SEC. 5. That if an unmarried man or
woman coAmit fornication, each OF them
shall be punished by imprison ment not
exceeding six months, or By I'm not exceed